Commercial Divers Need a Jones Act Lawyer in Houston

While the Jones Act was certainly well-intentioned, there’s no way its designers could have anticipated the wide range of maritime workers who would be employed today. A commercial diver is a great example of this, which is why they should secure a Jones Act lawyer in Houston from Kirkendall Dwyer LLP.

Like many things involving the Jones Act, it could cover divers, depending on the kind of accident they are involved in. If not, the right Jones Act lawyer in Houston can still help you find other maritime laws that seek to protect people in your position.

There’s much more ambiguity involved in commercial diving, too. For example, federal guidelines mandate that certain requirements be met by a diver in order to ensure their own safety. While this is all well and good, there are a number of significant variables that are completely out of their control.

Commercial divers can wind up injured because of issues with their own equipment. Sometimes it’s just a malfunction outside their realm of influence. However, they can also be injured by fellow divers or by other maritime workers operating equipment while they’re working nearby.

As with any maritime worker, commercial divers can take certain steps to protect themselves in the event of an accident (despite the aforementioned vagueness of laws like the Jones Act). The most important is to speak with a Jones Act lawyer in Houston immediately if there are any areas you could use clarification about. This could come up again if you take a job that leaves you with questions. It’s also important that you keep the contact information for Kirkendall Dwyer LLP handy, so you can contact them immediately in case of an accident.

Although the legal protection in place for commercial divers is far less straightforward than that for seaman, that doesn’t mean your job is automatically made less safe. Take the time to speak with the attorneys at Kirkendall Dwyer LLP and you’ll be able to dive with peace of mind.

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A Baytown Maritime Lawyer Can Help in the Case of a Wrongful Death

No one likes thinking about death, much less their own or that of their loved ones. Unfortunately, for maritime workers, death is a very real part of their job, one they must consider every time they go to work. If your spouse has died while on the job, contact a Baytown maritime lawyer immediately to ensure you’re getting everything you’re owed.

Wrongful death simply refers to someone’s passing as being preventable. The lawsuit, then, seeks compensation from the party who should have stopped the fatality from occurring. When it comes to maritime work, the employer is generally the target of the lawsuit. They could be found guilty for a number of reasons.

For example, a maritime employer must provide their workers with a drug and alcohol free work environment. If someone dies due to a coworker’s drunkenness, the employer can actually be the focus of a wrongful death suit if a Baytown maritime lawyer contends the alcohol use was because of slipshod policies on the part of the employer.

If a maritime worker dies because the boat they were on sank, the owner of the ship could be targeted with a wrongful death suit. Here your Baytown maritime lawyer might argue that the sinking happened because the vessel did not have the necessary equipment to stop it.

One unique aspect of wrongful death suits is that the accused actually has to prove their innocence. The “innocent until proven guilty” feature of American law is actually reversed here.

Losing someone is never an easy experience, but it can be even more difficult to cope with when it comes out that the person’s death could have been prevented. Hiring Kirkendall Dwyer LLP to file a wrongful death lawsuit won’t bring your loved one back, but it could help you receive the financial compensation you are rightfully owed. Furthermore, it could potentially keep the same situation from happening again.

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Common Types of Offshore Injuries

Offshore work is physically demanding and workers must be in good condition in order to work in this field. Offshore workers are required to work in a number of adverse weather conditions and in many different situations, many of which can be dangerous.

Unfortunately, injuries in this line of work are all too common. Some injuries are serious and others can be life threatening. Some injuries could recur under certain circumstances. If you have been injured, consider speaking to an experienced lawyer, such as a Port Arthur maritime injury attorney.

The most common types of offshore injuries are back injuries, injuries to the head, burns, limb injuries, crush injuries, fractures, and electrical shock. Other injuries can be fatal and of course there is also a high risk of drowning. Keep in mind that you are protected with rights to allow you to seek compensation for medical expenses that have occurred as the result of an offshore injury.

Some injuries may heal rather quickly while others can take a long time. Some injuries may never fully heal. For example, a serious back injury may require surgery and you may not be able to perform the same type of job in the future. When an injury occurs, it is important to speak to a Port Arthur maritime injury attorney as soon as possible after it happens. This will help the attorney better gather the information needed for your case.

Keep in mind that you are entitled to be compensated for medical costs and other expenses that have been incurred due to the injury. If you can’t work for a period of time, a Port Arthur maritime injury attorney can help you receive money that is necessary for you and your family to live. While these types of jobs are dangerous, rest assured that if you do suffer an injury while on the job you’ll be able to seek money until you can return to work.

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Philippine Embassy Questions Gulf of Mexico Safety Conditions

Early November marked the tragic death of a Filipino offshore worker in the Gulf of Mexico, the fourth such death this year. With that many fatal accidents in so short a time, the embassy is understandably concerned about safety issues on offshore oil platforms in the area.

The embassy has called on the U.S. to examine policies and on the Bureau of Safety and Environmental Enforcement to conduct an investigation into whether all safety measures are being properly implemented by all companies. While the embassy is representing Filipino workers in particular, they are urging that safer conditions be put into effect for all workers.

Three other Filipino workers died almost a year ago in an explosion on a different Gulf oil platform that also injured eleven other workers. Investigations in that case showed that it was the company’s fault and that the conditions on the platform were unsafe, so it is very reasonable for the embassy to be concerned in this case as well. Employers of offshore workers need to be held responsible for creating conditions that are as safe as possible. While some risks are simply part of offshore work, there are many policies and procedures that can be used to keep workers safe.

If you or someone you love has suffered injuries in offshore work and you believe it is due to company negligence, you should immediately hire an offshore injury lawyer. Kirkendall Dwyer LLP offshore injury lawyers are standing by to take your case. Don’t hesitate to hold companies responsible for services they should be providing. By calling such practices to the attention of the law, you don’t only help yourself or your injured loved one, but also other offshore workers who will subsequently get improved safety conditions.

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BP Website Response to Deep Horizon Oil Spill

Oil Rig Injury Attorney:  BP has launched a new website designed to defend its response to the 2010 Deep Horizon oil spill. The oil spill left 11 people dead and spilled almost 5 million barrels of oil into the Gulf of Mexico. In the new website, the company defends its actions after the horrific accident. In part, the website says “The Deepwater Horizon blowout and explosion was a tragic accident, and BP, alone, among all involved parties, stepped up from the beginning and acknowledged its role”.

BP does not admit negligence, stating that it was not “grossly negligent in its actions leading up to the spill”. In response to lawsuits that were subsequently filed after the accident, BP replies that gross negligence has not been proven.

Additionally, BP says that the estimate of spilled oil is too high. The estimate may be important when it comes to fines. Under the Clean Water Act, BP may be fined $1,100 for each spilled barrel. The fine jumps to $4,300 each barrel if BP were to be found grossly negligent.

When determining penalties using the Clean Water Act, the courts must determine the parties’ responsibility as well as how much oil was spilled. They court may also take other factors into consideration such as the company’s actions after the spill occurred. Certainly an oil rig injury attorney will work to prove the gross negligence.

In cases such as this one, the culpability is likely quite clear. The resolution will be based on whether the court feels the case for gross negligence has been proven. An experienced oil rig injury attorney gets involved in these types of cases. If involved in an accident of this type it is best to seek counsel from an oil rig injury attorney as soon as possible. The lawyer will review every aspect of the case to help resolve the case in a favorable manner.

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Rights of an Injured Offshore Worker

Offshore workers have very hazardous jobs. Injuries are all too common among these workers and unfortunately, when a accident does occur, it often has serious results. If you are an injured offshore worker you need to understand that you do have rights. The first step for victims of injuries is to speak to an offshore injury attorney. This is a lawyer who specializes in these types of accidents.

Sometimes an injured offshore worker may be afraid to take legal action because of fear. However, it is important to know that maritime laws and particularly the Jones Act, protects seamen by ensuring they maintain their rights. One of the most important rights as an injured offshore worker is the right to an attorney. Contact an offshore injury attorney as soon as possible after an accident happens.

Once an offshore injury attorney has been contacted you can rest assured that the lawyer will begin working on your case by gathering information and reviewing doctor reports. If an accident occurs you can be sure that the company will immediately begin taking action by utilizing the company investigators and legal team. You need to take steps to protect your rights so you are protected every step of the way.

If you have suffered an injury, your main concern is likely your current and future health. It is essential that you seek the medical treatments necessary to ensure this happens. Your attorney will help to make sure that you receive all the medical benefits that you are entitled to. You’ll also probably be concerned about the inability to work while you’re recovering from the injury. If the accident or injury was the result of negligence on the part of another, your lawyer may help you seek additional damages to include such things as lost wages, and money for pain and suffering.

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